Sri. Nagendra v. Smt. Rekha. M
Case brief
What is this about?
Karnataka High Court, Bengaluru; single judge S.R. Krishna Kumar; decision dated 05.02.2026; WP No. 3482 of 2026 (GM-CPC). Defendant No.2 in pending partition suit O.S. No.217/2014 challenged, under Article 227, the trial Court's rejection (order dated 02.12.2025) of IA Nos.25 and 26 seeking reopening of the case and permission to further cross-examine DW.3 (defendant No.5) after change of counsel. Petition allowed; impugned order set aside; one more opportunity granted on conditions. Keywords: Article 227, writ petition GM-CPC, recall of witness, further cross-examination, DW.3, reopening of case, IA No.25, IA No.26, partition and separate possession, suit schedule immovable properties, justice-oriented approach, XXIX Additional City Civil and Sessions Judge Bengaluru CCH-30.
What did the court decide?
Impugned order dated 02.12.2025 passed by the trial Court in O.S. No.217/2014 set aside; IA Nos.25 and 26 allowed subject to the condition that the petitioner completes the cross-examination of DW3 on a date to be fixed by the trial Court.